{"id":8010,"date":"2017-05-26T18:44:34","date_gmt":"2017-05-26T22:44:34","guid":{"rendered":"http:\/\/changingpaces.com\/?p=8010"},"modified":"2020-03-24T15:14:39","modified_gmt":"2020-03-24T19:14:39","slug":"federal-court-dismisses-via-rail-appeal-on-couples-with-mobility-scooters-travelling-together","status":"publish","type":"post","link":"https:\/\/changingpaces.com\/federal-court-dismisses-via-rail-appeal-on-couples-with-mobility-scooters-travelling-together\/","title":{"rendered":"Federal court dismisses VIA Rail appeal on couples with mobility scooters travelling together"},"content":{"rendered":"
By\u00a0Shanifa Nasser, CBC News<\/a><\/strong><\/p>\n The Federal Court has dismissed an appeal by VIA Rail of a decision that would make it possible for a Toronto couple who rely on wheelchairs and scooters\u00a0to travel together on a single train.<\/p>\n In March, CBC Toronto reported that VIA Rail was appealing a decision by the Canadian Transport Agency\u00a0calling on it to revise its policies to either allow for the\u00a0storage of two mobility devices\u00a0in a single tie-down area or provide two tie-down areas on each train\u00a0by May 15, 2017. The alternative involves providing\u00a0evidence that neither\u00a0option\u00a0would be possible without “undue hardship.”<\/p>\n The decision wasn’t expected\u00a0in July, but as a result of the April\u00a025th\u00a0order, the transport agency’s decision will stand.<\/p>\n “We acknowledge the court’s decision and we are working on the next steps,” VIA Rail spokesperson\u00a0Mariam\u00a0Diaby\u00a0said Sunday.<\/p>\n That comes as good news to Toronto couple\u00a0Martin Anderson and Marie Murphy, who both rely on scooters to get around.<\/p>\n “This was much earlier than we expected,” the couple wrote in an\u00a0email\u00a0to CBC Toronto. “This means that the CTA’s order stands. VIA either has to allow Martin and I to travel together with both our scooters more easily or satisfy the CTA that having to do so causes VIA undue hardship.”<\/p>\n At the moment, all VIA Rail trains are\u00a0equipped to tie down just one scooter. The railway previously told CBC Toronto\u00a0that in cases where a person can transfer to a car seat,\u00a0there is no limit to the number of passengers travelling with a mobility device. In both cases, it said it provides free passage for a travel companion.<\/p>\n Anderson and Murphy argued the railway lacked accommodation for scooters and put a strain on riders like themselves. They say they have been fighting for more accessibility spaces on VIA Rail since 2005.<\/p>\n The couple\u00a0approached VIA Rail last July with the idea of tying down\u00a0two scooters in one space and said they were given the chance to test it out in the presence of a consultant.<\/p>\n They thought it went well. But despite repeated requests for copies of the consultant’s report, they say they heard virtually nothing back.<\/p>\n “This is 2017,” Anderson said in March. “We should expect more than just one seat per train.”<\/p>\n In March, Diaby\u00a0said the company was phasing\u00a0out older trains and replacing them with newer ones with more accessibility spaces.<\/p>\n “The current\u00a0QC-Windsor\u00a0fleet is coming to the end of its useful life. Accordingly, VIA Rail was provided funding in budget 2016 to conduct pre-procurement analysis for a new fleet,” the statement from\u00a0Diaby\u00a0said.<\/p>\n The Federal Court has dismissed an appeal by VIA Rail of a decision that would make it possible for a Toronto couple who rely on wheelchairs and scooters to travel together on a single train.<\/p>\n","protected":false},"author":5,"featured_media":8012,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[515,18,547,33],"tags":[548,549,550,551,552],"acf":[],"yoast_head":"\n‘This is 2017,’ frustrated mobility user said<\/strong><\/h3>\n
“The Federal Court of Appeal’s decision ruling against VIA Rail is a much-needed step forward for Canadians with disabilities.”
\n– David Lepofsky, disability advocate<\/h3>\nNew fleet to feature multiple accessibility spots, railway argued<\/h3>\n
Read more at CBC.ca\u00a0<\/a><\/h2>\n","protected":false},"excerpt":{"rendered":"